W. Va. Code R. § 78-18-14

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 78-18-14 - Family Child Care Facility Operator

14.1. Requirements for Family Child Care Facility Operators

14.1.a. The operator shall meet all of the requirements that apply to staff. In addition, the operator shall:

14.1.a.1. Be at least 21 years of age;

14.1.a.2. Have a general education development (GED) certificate or high school diploma;

14.1.a.3. Have 6 months of experience in caring for children in a licensed child care center or family child care facility, registered family care home, Head Start, or other early childhood or school-age child care program;

14.1.a.4. Be certified in an approved pediatric Cardiopulmonary Resuscitation (CPR) or first aid training that includes rescue breathing and first aid for choking; and

14.1.a.5. Complete training in child abuse recognition and prevention from an approved training source. Except for the first year of operation, training in child abuse recognition and prevention is in addition to the required 15 clock hours of approved annual training.

14.1.a.6. Complete medication administration training from an approved training source. Except for the first year of operation, training in medication administration is in addition to the required 15 clock hours of approved annual training;

14.1.a.7. Prior to caring for children, all current and potential staff are required to complete approved pre-service training;

14.1.a.8. Complete at least 15 clock hours of approved training annually. Except for the first year of operation, training in pediatric CPR is in addition to the required 15 clock hours of approved annual training. Approved sources of training include:

14.1.a.8.A. One Step at a Time or West Virginia Infant and Toddler Professional Development Training Program;

14.1.a.8.B. Apprenticeship for Child Development Specialists;

14.1.a.8.C. Any training provided by a trainer approved through STARS to provide training;

14.1.a.8.D. Any training provided by a trainer certified in the subject and/or field on which the training is provided. The facility owner shall verify the trainer's credentials;

14.1.a.8.E. College courses in early childhood development from an accredited college or university or distance education class; and

14.1.a.8.F. Any other vocational class from which the caregiver received a certificate, pending approval by the Secretary. The caregiver shall submit the class syllabus to the Secretary for review and approval.

14.1.b. Training shall be selected based on the Core Knowledge/Core Competency areas listed in subsection 3.3 of this rule and shall increase the operator's skills and knowledge in the early childhood field.

14.1.c. Over a four-year period, an operator shall select training that addresses all of the Core Knowledge areas.

14.1.d. Operators completing approved training modules lasting more than 15 hours may elect to apply training-module hours over and above 15 to the following year's training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, the Apprentice for Child Development Specialist, or other coursework approved by the Department.

14.1.e. The operator shall document that he or she has met one of the following requirements prior to opening or operating a family child care facility:

14.1.e.1. Completion of at least 15 clock hours of child development training or arrangements to complete the training during the first six months of operation of the facility;

14.1.e.2. A child development associate (CDA) credential or completion of the Child Care Apprenticeship Program; or

14.1.e.3. Completion of at least three credit hours in child development or a related field at an accredited higher education institution.

14.2. Responsibilities - family child care facility operators:

14.2.a. Shall work on-site to administer the facility's daily operation;

14.2.b. Are responsible for providing a child care program and facility that meets the requirements of this rule;

14.2.c. Shall instruct staff in this rule and provide a copy for their use;

14.2.d. Are responsible for the supervision of staff including maintaining staff-to-child ratios and assuring that additional staff is available as needed to maintain supervision of the children in care;

14.2.e. Shall be present at the facility or, if absent, designate one adult who meets the requirements of subsection 14.1. of this section. This designee shall be capable of carrying out the duties of the operator;

14.2.f. Are responsible for the recruitment and hiring of staff, enrollment, and admissions, informing parents of the policies of the family child care facility program, and the training of staff in areas such as emergency and evacuation procedures, programming for children, working with parents, discipline policies, health care, sanitation procedures, release of children, child abuse and neglect reporting, symptoms of illness and medication administration.

14.2.g. Shall maintain adequate records on enrollment, finances, staff, and children;

14.2.h. Shall submit reports to the Department when requested;

14.2.i. Are responsible for screening, scheduling, and supervising the conduct of all staff, volunteers, and others in the facility;

14.2.j. Shall inform staff of the requirement to report child abuse and neglect per W. Va. Code § 49-2-801et seq.; and

14.2.k. Are responsible for all legal and financial obligations.

14.3. If the family child care facility operator and owner are separate individuals, the owner shall assume the responsibility for the operation of the facility in compliance with this rule.

W. Va. Code R. § 78-18-14